HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7125 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 2. In the prosecution case, it is alleged that on 21.04.2025, the incident occurred during a Baraat procession where music was being played on a DJ at about 10:00 p.m. It is alleged that the named accused persons, under the influence of intoxication, assaulted the deceased and other injured persons. The deceased, Ahibaran, who sustained serious injuries, subsequently succumbed to death. 3. Learned counsel for the applicant submits that the cause of death has been recorded as coma as a result of antemortem head injury, and four antemortem injuries were found on the body of the deceased. It is argued that general allegations have been levelled against all four accused persons named in the FIR, without assigning any specific role to the applicant. No recovery has been made from the applicant, and it is not clear from the prosecution case as to who inflicted the fatal blow that resulted in the death of the deceased. 4. Learned counsel for the applicant submits that the co-accused persons Rohit, Rahul and Mohit who were assigned similar role have been enlarged on bail by this Court vide orders dated 22.08.2025 and 28.08.2025 passed in criminal misc. bail application Nos. 7766 of 2025 and 8125 of 2025. Learned counsel for the applicant seeks parity with the orders of the co- Versus Counsel for Applicant(s) : Ajeet Kumar Singh Counsel for Opposite Party(s) : G.A., Rajat Pratap Singh Gulshan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) accused persons. 5. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 6. Learned AGA has opposed the bail application. 7. Perused the record. 8. A perusal of the statements of the prosecution witnesses as well as the medical evidence showing four antemortem injuries, it appears that general allegations have been levelled against all the accused persons. The prosecution case does not disclose who specifically caused the head injury that led to the death of the deceased. The incident prima facie appears to have occurred suddenly on account of a trivial issue, without premeditation or time to cool down. 9. In view of the facts and circumstances discussed above and considering the fact that co-accused persons have been granted bail; the applicant is in custody since 11.07.2025 without having any criminal antecedents, I find it to be a fit case for enlarging the applicant on bail. 10. Accordingly, the bail application is allowed on the ground of parity. 11. Let the applicant Gulshan involved in Crime no- 97 of 2025, u/s 115(2)/352/351(3)/105 B.N.S., P.S.- Madhoganj, District Hardoi, be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. BAIL No. 7125 of 2025 2 (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of their absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS). 12. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. September 4, 2025 R.C. BAIL No. 7125 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench